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(영문) 수원지방법원 여주지원 2016.09.07 2016고단784
사기등
Text

A defendant shall be punished by imprisonment for six months.

6,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On December 11, 2015, the Defendant received a request from the victim F to request the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of branch

In addition, the Defendant made a false statement to the effect that “The Defendant did not intend to make a solicitation for a prosecutor or prosecutor’s staff member to be indicted for non-detained confinement” to the victim with no intention or ability to make a solicitation for a prosecutor or prosecutor’s staff member to be indicted for non-detained, even if he/she did not receive money from the victim under the pretext of the instant solicitation, the Defendant made a false statement to the effect that “The Defendant would make a solicitation for a public prosecutor, such as a major prosecutor, prosecutor, prosecution investigator, etc. he/she knows to be released from G to a non-detained prosecution

The Defendant, by deceiving the victim as above, received 6 million won from the new bank account (Account Number: I) in the name of the Defendant as entertainment expenses from the victim, under the pretext of the Defendant’s entertainment expenses.

As a result, the defendant received money and valuables under the pretext of soliciting the case that public officials handle at the same time by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding F;

1. Each police statement made to J, F, and G;

1. Application of Acts and subordinate statutes concerning details of transactions to the H;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense, Article 111 (1) of the Attorney-at-Law Act (a point of receipt of money and valuables under the name of trust);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 116 of the Attorney-at-Law Act [the scope of recommending punishment] general fraud (less than KRW 100,000) is mitigated (one month to one year) (special mitigation) or where considerable damage is recovered (the decision of sentencing]. In six months, the defendant returned the amount of damage to the victim of the crime of fraud and the victim did not want the punishment.

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